11.  The applicant was born in 1951 and lives in Velenzano (Bari). He was formerly the technical director, technical and economic adviser and special representative and agent of a company, X.
12.  On an unspecified date a preliminary investigation was opened in respect of the applicant on the suspicion of abuse of official authority and corruption, offences which he had allegedly committed in the performance of his duties in 1991.
13.  On 16 October 1993 the public prosecutor attached to the Brindisi District Court applied for the applicant to be placed either in pre-trial detention or under house arrest, or prevented from discharging his duties as a director of the X company, on the ground that five witness statements and an opinion prepared by an expert, Z, in the course of the preliminary investigation provided substantial evidence of his guilt. The content of the statements and of the expert opinion had been corroborated by other documents. The applicant appeared to have commissioned Y, the head of Brindisi District Council's town-planning department, as chief engineer for the construction of a road (“Strada dei Pittachi”) and as assistant project manager for the construction of a new detention centre in Lecce. The appointments were alleged to have been a “payment” from the X company to Y for having issued false declarations in the approval procedure relating to the plans submitted by the X company for the road project.
The public prosecutor further explained that, as the applicant had kept his post in the X company, there was a danger that he might commit other similar offences.
14.  On 2 November 1993 the Brindisi investigating judge (giudice per le indagini preliminari) issued a warrant for the applicant's arrest on the ground that there was substantial evidence of his guilt (gravi indizi di colpevolezza), as referred to in the public prosecutor's application of 16 October.
15.  Regarding the grounds for imposing this precautionary measure, the judge noted that the applicant had kept his post as technical director of the X company, as the public prosecutor had mentioned in his application. The judge considered, inter alia, that in order to decide which precautionary measure was most suitable in the applicant's case, he had to take into account the nature of the conduct under examination. The worst aspects of the applicant's conduct were that he had failed to observe the rules of administrative procedure, had wasted public funds and had infringed the provisions governing public tendering. The result had been a project that showed no respect for the environment – a very serious failing, as the judge explained: 
“... the chaotic and unliveable character of southern Italian cities is not caused solely by the spread of petty crime but stems primarily from the pattern of urban growth (the absence of any effective regulation, resulting in a lack of adequate public areas for parking, gardens and relief roads; this unease is tangibly felt in all parts of Brindisi). Abuses relating to the management and spending of public funds, such as those committed in the Strada dei Pittachi project, must be regarded as being just as serious as possession of a firearm with its serial number removed or the conduct of a drug addict who robs a tobacconist of several thousand lire at gunpoint or with the help of accomplices, as often happens in Brindisi. In view of the legislature's intention to counter the risk to society in such cases by the most stringent precautionary measure – detention – that measure is all the more justified in the far more serious case under investigation and must be considered appropriate and necessary, even if it is not expressly required by Article 275 § 3 of the Code of Criminal Procedure ['the CCP'] in circumstances of this kind. Otherwise, the difference in treatment would be unjustifiable, and therefore unjust.” 
The judge concluded that in cases such as the present one, “where each act, firstly, is intended to serve reprehensible private interests and, secondly, is committed by persons who enjoy or should enjoy an excellent reputation because of the powers and/or responsibilities which they exercise, recourse must be had to the measure of detention (and not that of house arrest, which is very convenient – especially for someone like the suspect who is used to living indoors – and not sufficiently deterrent).”
16.  The applicant was arrested on 3 November 1993.
17.  On 3 November 1993 the applicant applied to the Brindisi District Court to be released or, failing that, placed under house arrest, arguing that there was not “substantial evidence of [his] guilt” within the meaning of Article 273 of the CCP and that there were no grounds whatsoever for imposing precautionary measures.
18.  On 9 November 1993 the applicant submitted to the registry of the Brindisi District Court further grounds in support of his application. He reiterated that there was neither any evidence against him, nor were there any grounds for precautionary measures: there was no need to prevent interference with the course of justice, as the investigation had almost been completed; no danger of his absconding, since he had never shown any intention of doing so but had instead been very cooperative at the time of his arrest; and, in particular, no need to prevent the commission of a criminal offence. In that connection, the applicant pointed out that Article 274 (c) of the CCP required there to be a genuine danger of reoffending, based on the particular circumstances of the case and on the suspect's character, whereas the reasons given by the investigating judge had been extremely vague and hypothetical. Furthermore, the applicant had no criminal record.
19.  Lastly, the applicant drew the court's attention, in particular, to the settled Italian case-law to the effect that, where a precautionary measure was being considered a long time after the offence had been committed, the suspect's conduct in the intervening period had to be taken into account. In his case, he had not been accused of or charged with any similar or different offence in the two years following the acts of which he was suspected.
20.  Following a hearing on 11 November 1993, the court held in a decision of 13 November 1993 that there was undoubtedly “substantial evidence” of the applicant's guilt. It further held: “There is undeniably a danger that the suspect might commit further offences within the meaning of Article 274 (c) of the CCP, seeing how he succeeded in unlawfully attaining the economic ends in question.” It therefore refused the applicant's application for release. However, since he had no criminal record, the court allowed his alternative request and placed him under house arrest.
21.  On 23 November 1993 the applicant appealed on points of law against the refusal to release him, arguing that his detention pending trial was in breach of Articles 273 and 274 (c) of the CCP. He submitted, in particular, that the Brindisi District Court had not given any reasons for its decision to apply precautionary measures for the purposes of Article 274 (c) of the CCP.
22.  On 30 November 1993 the applicant applied to the Brindisi investigating judge to have the order placing him under house arrest revoked, as he had resigned from his post as technical director of the X company.
23.  The judge refused that application on 3 December 1993. His decision was based, inter alia, on the fact that that measure had been taken only a short time ago and had, moreover, replaced a more stringent one, and on the serious nature of the accusation. He explained that the applicant might still be able to use his experience and professional skills either for his own ends or on behalf of another company.
24.  On 6 December 1993 the applicant appealed to the Brindisi District Court against that decision. He submitted that the previous decisions had been taken with a view to preventing the commission of criminal offences and, in particular, because he had kept his post in the X company. Now that he had resigned, such preventive action was no longer necessary.
25.  In a decision of 20 December 1993 the court noted that all the previous decisions concerning the applicant's deprivation of liberty had been based on Article 274 (c) of the CCP. It held that, in view of the applicant's resignation, the time that had elapsed since the measure had been imposed and the suspect's character, there were no longer any grounds for keeping him under house arrest. Accordingly, it ordered his immediate release.
26.  On 28 February 1994 the applicant withdrew his appeal on points of law of 23 November 1993, a fact that was acknowledged on 8 March 1994.
27.  In a judgment of 15 April 1999 the Brindisi District Court acquitted the applicant on the ground that the alleged facts had never occurred (perché il fatto non sussiste). That judgment became final on 14 October 1999.
28.  The court observed, in particular, that the public prosecutor's submissions had been based mainly on an expert opinion prepared by Z in the course of the preliminary investigation. Z had been examined at the trial, but the conclusions he had reached had been successfully challenged by the defence. In particular, an expert appointed by the defence, W, had put together a different version of events, which had been submitted to the court at hearings on 6 November 1996 and 5 February 1997. His version was corroborated by certain documents and witness statements. In particular, it appeared that the expert witness Z had failed to distinguish properly between two separate administrative procedures and had not taken into account a number of factors that might have explained why the X company had been chosen to carry out certain portions of the Strada dei Pittachi project. In the light of that, and even supposing that the internal administrative regulations had been contravened, it had not been established that the X company had made unjustified profits. Furthermore, at a hearing on 11 November 1997, a witness had clarified the relations between the X company and the applicant. In particular, the latter had suspended his contract of employment with the company when he had become a university lecturer; his role had subsequently been limited to that of an outside consultant. In that capacity, the applicant could not have been in charge of the operational management of a particular project, since that had been the responsibility of the manager of a subsidiary company, who had also been responsible for payments. Lastly, statements made at the hearings by other witnesses had shown that Y's appointment as chief engineer for the Strada dei Pittachi road-construction project and as assistant project manager for the construction of the new detention centre in Lecce had been based on technical considerations and grounds of suitability, and had been consistent with previous practice.